SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2017 Supreme(P&H) 1005

ANITA CHAUDHRY
Pyare Lal (since deceased) through LRs. – Appellant
Versus
Balbir Singh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Jain
For the Respondent: Mr. Ashok Tyagi

JUDGMENT :

ANITA CHAUDHRY, J.

1. This revision had been directed against the order dated 05.01.2013 passed by Civil Judge (Jr. Divn.), Gurgaon, on the application filed by the plaintiff seeking amendment of plaint.

2. The plaintiff had filed a suit for permanent injunction alleging that the defendants had entered into an agreement to sell their property on 24.04.2007 and Rs.3 lacs had been paid as earnest money and the sale deed was to be executed on 23.05.2007. The plaintiff paid another sum of Rs.6 lacs on 08.05.2007. The plaintiff came to know that the defendants were intending to alienate and transfer the property to some other person and he approached the defendants and since there was a threat, he filed a suit seeking injunction on 17.05.2017 i.e. before the date fixed for execution of the sale deed. The defendants appeared and denied the agreement and pleaded that the suit was not maintainable. During the pendency of the suit, the plaintiff moved an application on 02.03.2009 i.e. well within limitation seeking to amend the plaint and seek the relief of specific performance.

3. On going through the application, I find that there are mistakes in the application. It appears that th







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top